Michigan Must Comply with Graham and Miller
by David M. Reutter
A Michigan federal district court ordered Governor Rick Snyder to provide a “fair, meaningful, and realistic” opportunity for parole to all prisoners sentenced to life imprisonment for crimes committed while children. The order follows the court’s January 2013 finding that Michigan’s mandatory sentencing scheme that denies parole to children convicted of certain crimes is unconstitutional.
“Courts have repeatedly made it clear that incarcerating children and throwing away the key is cruel and unusual punishment,” said Deborah LaBelle, the lead attorney in the lawsuit brought by the American Civil Liberties Union. “Today the court demanded that the state of Michigan take action to comply with the Constitution and Supreme Court precedent set almost two years ago. It’s now up to the state to develop a process that is meaningful and fair.”
According to a press release published by the ACLU of Michigan, the court’s order requires Michigan to put in place, by December 31, 2013, a parole process that:
- Creates administrative structure for processing and determining parole eligibility;
- Gives notice to all who have served 10 years of a life sentence that they are eligible for parole;
- Includes a public ...
Fired Mississippi Jail Guard Sues for Wrongful Arrest
by David Reutter
A former guard at Mississippi’s Hinds County Jail (HCJ) has sued the Hinds County Sheriff Department after being fired and arrested for bringing contraband into HCJ.
The arrest followed the escape of two female prisoners on August 31, 2013. Guard Jackie Jenkins was fired, arrested, and charged with aiding the escape. Guard Jackie Jenkins, who had worked at HCJ for three months, was fired and arrested “for introduction of contraband into a correctional facility,” said sheriff’s spokesperson Othor Cain. “Tobacco products of any kind are not allowed in our facility at all.”
Jenkins’ attorney, Dale Danks, Jr. said Jenkins was following a supervisor’s instructions and that tobacco is not defined as contraband under Mississippi law. He stated that Jenkins “was told to keep them in the box.”
He was referring to the ammunition box that deputies place firearms in before entering HCJ, which is outside the facility under the sally port. Cain said the investigation following the escape revealed Jenkins “was not in her assigned area and that contributed to these inmates leaving.” Jenkins claimed she had a supervisors’ permission to be outside to smoke a cigarette at the ...
$127,000 Settlement for Michigan Jail Guards Use of Excessive Force
by David Reutter
Michigan’s Kent County Correctional Facility (KCCF) agreed to pay $127,198 to settle a civil rights action alleging a guard used excessive force against a pre-trial detainee.
After being involved in a one-car accident in the early morning ...
$48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action
by David Reutter
On November 18, 2013, a Colorado federal district court awarded more than $48,000 in attorney fees in a civil rights action involving a prisoner being injured after an accident involving the prison van that was transporting him.
Sterling ...
$1.1 Million Awarded to New York Prisoner Raped by Guard
by David Reutter
A New York Court of Claims awarded $605,750 to a female prisoner who was raped by a guard at the Albion Correctional Facility. The award followed a $500,000 award against the guard by a federal court.
In ...
$80,000 Award for New York Prisoner Injured During Scuffle with Guard
by David Reutter
A New York Court of Claims awarded $80,000 to a prisoner for injuries sustained after a confrontation between the prisoner and a guard.
On November 14, 2008, following a court appearance, prisoner Samuel Saunders, then 62, ...
$35,000 Award to New York Prisoner Burned in Kitchen Accident
by David Reutter
A New York Court of Claims awarded $35,000 to a prisoner in a negligence suit seeking damages for injuries sustained while working in the prison kitchen. Having found the prisoner 20% liable, however, the court reduced to ...
TDCJ’s $100 Annual Fee for Prisoner Health Care Held Constitutional
by David M. Reutter
The Fifth Circuit Court of Appeals has found constitutional a Texas statute requiring prisoners to pay a $100 annual health care services fee when they receive medical treatment.
The ruling came in a lawsuit filed by Texas prisoner Robert C. Morris, who challenged a 2011 amendment to Texas Government Code § 501.063, naming Governor Rick Perry as the defendant. As amended, the statute provides that any prisoner “who initiates a visit to a health care provider shall pay a health care services fee to the Texas Department of Criminal Justice (TDCJ) in the amount of $100.”
The annual fee “covers all visits to a health care provider that the inmate initiates until the first anniversary of the imposition of the fee.” If the prisoner’s trust fund balance is insufficient, then “50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid.” Prison officials “may not deny an inmate access to health care as a result of the inmate’s failure or inability to pay a fee.”
The amendment to § 501.063 further removed exemptions for fees ...
Michigan to Accommodate Religious Rights of Muslim Prisoners
by David M. Reutter
After a Michigan federal district court ruled the Michigan Department of Corrections (MDOC) had violated the religious rights of Muslim prisoners by denying them the ability to attend Eid meals and refusing to accommodate their need to attend weekly prayer services, the MDOC reached an agreement which included the provision of halal food and attendance at religious services that conflict with prison work schedules.
Those legal victories came in a class-action lawsuit filed by the ACLU of Michigan in 2009 on behalf of Muslim and Seventh-day Adventist prisoners alleging violations of their rights under the Religious Land Use and Institutionalized Persons Act, the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.
In a May 24, 2013 order, the district court granted summary judgment to the plaintiffs after adopting a magistrate’s report and recommendation. The court’s subsequent order of relief declared the class members have a right “to attend, congregate for, observe and celebrate ... the Eid ul-fitr and Eid ul-Adha feasts.” The MDOC was ordered to use the Handbook on Religious Groups to identify those feasts, as well as Ramadan fasts and Seders.
Special provisions ...
Grand Jury Report: Prisoners in Charge at Mississippi County Jail
by David Reutter
The prisoners seem to be in control of the Hinds County, Mississippi Detention Center because the jail does not have enough staff to adequately monitor them, according to a scathing Hinds County Grand Jury report filed on October 2, 2014 in County Circuit Court. The grand jury members inspected the facility, which became the focus of a U.S. Department of Justice civil rights investigation to determine if prisoners were in danger of violence following a March 2014 riot that left one prisoner dead and at least seven others injured.
“We noted that there were not enough officers to secure the Jail,” the report said. “Those officers that were on duty there were frightened of the inmates. The inmates seemed to be in control of the Jail as a result of the shortage of guards.”
The grand jury laid the blame directly at the feet of Hinds County Sheriff Tyrone Lewis. “After hearing from the Sheriff and his team, we are of the opinion that Sheriff Lewis is incompetent to oversee the jail or keep pretrial detainees or state inmates in a safe manner or to keep the ...
